5122-33-23
Residents' rights.

(1)
"Abuse" means the unreasonable
confinement or intimidation of a resident, or the infliction of injury or cruel
punishment upon a resident, resulting in physical harm, pain, or mental
anguish.

(2)
"Exploitation" means
the unlawful or improper utilization of an adult resident or his or her
resources for personal or monetary benefit, profit, or gain.

(3)
"Neglect" means failure to provide a
resident with the goods or services necessary to prevent physical harm, mental
anguish, or mental illness.

(4)
"Physical restraint" includes, but is not limited to, the locked door of a room
or any article, device, or garment that interferes with the free movement of
the resident and that he or she is unable to remove easily.

(B)
As specified in division (B)
of section 5119.81 of the Revised
Code, the facility must assure the rights of a resident of an ACF include all
of the following:

(1)
The right to a safe,
healthy, clean, and decent living environment;

(2)
The right to be treated at all times with
courtesy and respect, and with full recognition of personal dignity and
individuality;

(3)
The right to
practice a religion of his or her choice or to abstain from the practice of
religion;

(6)
The right to ownership and reasonable use
of personal property so as to maintain personal dignity and individuality;

(7)
The right to participate in
activities within the facility and to use the common areas of the facility;

(8)
The right to engage in or
refrain from engaging in activities of the resident's own choosing within
reason;

(9)
The right to private
and unrestricted communications, including the right to receive, send, and mail
sealed, unopened correspondence, the right to reasonable access to a telephone
for private communications, and the right to private visits at any reasonable
hour;

(10)
The right to initiate
and maintain contact with the community, including the right to participate in
the activities of community groups at the resident's initiative or at the
initiative of community groups;

(11)
The right to state grievances to the
owner or the manager of the facility, to any governmental agency, or to any
other person without reprisal;

(12)
Prior to becoming a resident, the right
to visit the facility alone or with the individual's sponsor;

(13)
The right to retain the services of any
health or social services practitioner at the resident's own expense;

(14)
The right to refuse medical
treatment or services, or if the resident has been adjudicated incompetent
pursuant to Chapter 2111. of the Revised Code and has not been restored to
legal capacity, the right to have the resident's legal guardian make decisions
about medical treatment and services for the resident;

(17)
The right not to be deprived of any
legal rights solely by reason of residence in an ACF;

(18)
The right to examine records maintained
by the ACF concerning the resident, upon request;

(19)
The right to confidential treatment of
the resident's personal records, and the right to approve or refuse the release
of these records to any individual outside the facility, except upon transfer
to another ACF or a nursing home, residential care facility, home for the
aging, hospital, or other health care facility or provider, and except as
required by law or rule or as required by a third-party payment contract;

(20)
The right to be informed in
writing of the rates charged by the facility as well as any additional charges,
and to receive thirty days notice in writing of any change in the rates and
charges;

(21)
The right to have
any significant change in the resident's physical health or behavioral status
reported to the resident's case manager and sponsor; and

(22)
The right to share a room with a spouse,
if both are residents of the facility.

(C)
In addition to the residents' rights
enumerated in division (B) of section 5119.81 of the Revised
Code and paragraph (B) of this rule, residents of adult care facilities also
shall have the following rights:

(1)
The
right not to be locked out of the facility. If the facility is locked during
any portion of the day, each resident shall be provided with a key or a staff
member shall be immediately available on the premises to open the door;

(2)
The right not to be locked in
the facility at any time for any reason. All lockable doors shall be capable of
being opened by residents from the inside without using a key; and

(3)
The right not to be isolated or to have
food or other services withheld for punishment, incentive, convenience, or due
to the ACF manager or staff member exceeding instructions contained in a mental
health plan for care.

(1)
The
text of sections 5119.81 and
5119.83 of the Revised
Code and paragraph (C) of this rule;

(2)
A discussion of the rights and
responsibilities of residents under those provisions; and

(3)
The text of any additional rule for
residents developed by the facility.

(E)
The facility shall establish procedures
for facilitating residents' exercise of their rights.

(F)
At the time of admission, the manager
shall give a copy of the residents' rights policy to the resident and the
resident's sponsor, if any, and shall explain the contents of the policy to
them.

(G)
Each ACF shall post
prominently within the facility a copy of the residents' rights listed in
division (B) of section 5119.81 of the Revised
Code and paragraph (C) of this rule and the addresses and telephone numbers of
the state long-term care facilities ombudsperson and the regional ombudsperson
for the area in which the facility is located and of the central and district
offices of the department.

(H)
A
sponsor, the director of mental health, the
director of aging, or a residents' rights advocate registered under section
3701.07 of the Revised Code and
any of the following entities, acting within their respective scope of
statutory authority, may assert on behalf of a resident any of the rights
enumerated under section
5119.81 or
5119.83 of the Revised Code,
this rule, or rule
5122-33-24 of the Administrative
Code: